Fallows, R. v [2022] EWCA Crim 921 (08 June 2022)

Fallows, R. v [2022] EWCA Crim 921 (08 June 2022)

The original sentence was unduly lenient because it failed to reflect the seriousness, persistence, and aggravating features of the offending, including offending against real children and while under investigation. The proper application of sentencing guidelines and totality required a substantially longer...

Source-derived case information.

Citation
[2022] EWCA Crim 921
Parties
Prosecution: Regina; Offender: Gawain Dafydd Fallows
Jurisdiction
England and Wales
Judgment Date
08 June 2022
Procedural Posture
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence; Review of Sentence for Undue Leniency
Outcome
Appeal allowed; sentence increased
Legal Topics
Sexual Offences Against Children, Sentencing, Attorney General's Reference, Unduly Lenient Sentences, Sexual Harm Prevention Orders
Criminal Law Sexual Offences Against Children Sentencing Attorney General's Reference Unduly Lenient Sentences Sexual Harm Prevention Orders

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Parties

Regina

Prosecution

Gawain Dafydd Fallows

Offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Appeal Against Sentence; Review of Sentence for Undue Leniency

Legal Issues

  1. 1 Whether the original sentence imposed on Gawain Dafydd Fallows was unduly lenient
  2. 2 Proper application of sentencing guidelines for sexual offences involving children and attempted offences where no real child exists
  3. 3 Appropriate aggregation and concurrency/consecutivity of sentences for multiple offences

Ratio Decidendi

The original sentence was unduly lenient because it failed to reflect the seriousness, persistence, and aggravating features of the offending, including offending against real children and while under investigation. The proper application of sentencing guidelines and totality required a substantially longer sentence, with appropriate concurrency and consecutivity to reflect overall criminality.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Leave to refer granted
  • Original sentences quashed and substituted: 3 years for section 10 offence (Wigan), 12 months for section 15A offence (Wigan), 9 months for Snaresbrook offence (concurrent with Wigan), 2 years 6 months for Portsmouth count 1 (consecutive to Wigan)